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Supreme Court to hear Giant Mine case

Cara Loverock
Northern News Services
Published Friday, November 28 2008

SOMBA K'E/YELLOWKNIFE - The Supreme Court of Canada has agreed to hear the appeal from widows of those killed in the 1992 Giant Mine bombing.

The decision of the court, located in Ottawa, to review the claims of the families came down Thursday morning.

Jeff Champion, attorney for the victims' families, said his clients take this latest development as a good sign. "There is no right to be heard (in the Supreme Court). You have to ask them to take on the case," said Champion.

"We felt this case raises two issues of national importance," explained Champion of the decision to go ahead with an appeal to the Supreme Court. He said the issues concern whether or not unions should be responsible for the actions of its members as well as whether security companies can be held responsible for the safety of employees.

"We hope that within the next year (the case) can be dealt with," said Champion. He explained that the Supreme Court does not sit during July through September, so the families are hopeful the case will be heard in June, 2009.

The families of the victims lost in the NWT Court of Appeal last June when three judges overturned a decision from December 2004 which awarded the families $10.7 million in compensation. The NWT Supreme Court had previously ruled that liability for the deaths of the men working at the mine was divided among Roger Warren, the man convicted of planting the explosives; mine owner Royal Oak Ventures; Pinkerton Security; the GNWT; the Canadian Auto Workers; and three union members.

"We're very confident and the families are grateful the Workers Compensation Board has stood by them all these years," said Champion, adding the WCB – now the NWT Workers' Safety and Compensation Commission – has also helped the families take their case to the courts.

Nine miners were killed during a labour dispute at Giant Mine on Sept. 18, 1992. The men died when their rail car went over a homemade explosive set by Roger Warren, a striking miner. The nine men working at Giant Mine that day had either crossed the picket line or were hired as replacement workers while the union was on strike.

The Workers' Compensation Board launched the civil suit on behalf of the families in 1994. The WCB originally sought $34 million in damages and lost income. Jim O'Neil, a former miner who was one of the first on the scene after the deadly bombing, joined the suit in 1997.